Judge upholds probable cause enough in Hamilton robbery case

TRENTON — Not reacting at all to the glare of a policeman’s spotlight was probable cause enough to stop the car holding three armed robbery suspects minutes after they allegedly pulled a heist in Hamilton, a judge ruled today.

Mercer County Superior Court Judge Pedro Jimenez upheld the Hamilton cop’s decision to stop the car based on the occupants not reacting a bit to the bright light shining on them from the police car across the intersection minutes after the Arena Drive 7-Eleven was robbed on the night of May 7, 2011.

The judge also ruled out as evidence the gun seized from atop the battery in the engine compartment of the getaway car, but permitted clothing found in the vehicle to be used by the prosecution at trial.

It was victory and loss for both the prosecutors and defenders of the suspects, Trentonians Peter Nyema and Jamar Myers, both 20. But with the initial stop of the car approved by the judge, prosecutors might have the stronger hand in plea negotiations with defense lawyers Laura Yaede and RonGarzio client Myers.

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At a hearing in May, Sgt. Mark Horan of the Hamilton police testified about the arrest night, saying he was shining his spotlight on the people in oncoming cars as he drove to a scene three minutes after the robbery that night.

Horan said he turned the light on the silver Toyota across the road and into the faces of the three passengers: “And there was no response to the shining light. They didn’t act like ‘What happened?’ They acted as though I simply was not there.”

Horan said the three sat perfectly still, looking only straight ahead as he shined the light on each of them — unlike most people.

“You usually get the usual reactions when you do this: People get alarmed, annoyed, angry. Usually it’s something.”

So the suspects and driver Ajene Drew, whose case is being handled separately, were stopped for questioning about the robbery on probable cause their lawyers reject — but which the judge upheld.

The lawyers were in plea negotiations before the defense raised questions about “no reaction” as probable cause.

In his testimony, Horan noted that none of the men were handcuffed until a check of the registration showed the Toyota, owned by Nyema’s father, had been stolen two days before off Tremont Street in Trenton’s South Ward. They were charged with the robbery later that morning.

But suspect Nyema’s father, Josephus Nyema, took the stand to dispute the official Trenton police report that he had reported his car stolen.